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HomeMy WebLinkAbout05-5550 > (') Brett P. Zankel. Esquire P.O. Box 266 Dauphin, PA 17018 717) 921-2192 BZ266@AOL.com Attorney for Plaintiff AMY COUEEN SA VIDGE, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 5550 ~...j No. 2005 --et'" f!1V" JOHN HUNTER SA VIDGE, DEFENDANT CIVIL ACTION - DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for: X DIVORCE PERMANENT ALIMONY ---.1L ALIMONY PENDENTE LITE X CHILD SUPPORT X DIVISION OF PROPERTY CUSTODY ----K- ATTORNEY'S FEES & COURT COSTS OTHER If you wish to defend against the claims set forth in the following pages. you must take prompt action. You are warned that if you fail to do so. the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. . When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania, 17013. This list will be made available to you upon request. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 By: ( TT P ZANKEL, E QU RE Attorney for the Plai 'f 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 Brett p, Zankel, Esquire P.O. Box 266 Dauphin, PA 17018 717) 921-2192 BZ266@AOL.com Attorney for Plaintiff AMY COUEEN SA VIDGE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2005 - lW 5.5;,LJ DV JOHN HUNTER SAVIDGE, DEFENDANT CIVIL ACTION - DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND ~~.v \j~ AND NOW, Plaintiff Amy Colleen Savidge, by and through her attorney, Brett P. Zankel, Esquire, who hereby Praecipes the Prothonotary to enter his appearance in this matter, files a Complaint in Divorce and Custody against Defendant John Hunter Savidge. and in support thereof, avers the following: 1. Plaintiff is Amy Colleen Savidge, who currently resides at 1934 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011 since September 2004. 2, Defendant is John Hunter Savidge, who currently resides at 18 Columbia Drive. Camp Hill, Cumberland County, Pennsylvania, 17001, since May 1998. 3. Both the Plaintiff and the Defendant have been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on January 9th. 1993, in Camp Hill. Cumberland County, Pennsylvania, 5, There are three minor children, Emily Savidge, Date of Birth: November 7th, 1994, Carolyn Savidge, Date of Birth: April 12th, 1997 and Benjamin Savidge Date of Birth: November 19th, 1999, born of this marriage. 6, There have been no prior actions in divorce or annulment between the parties. 7. The Plaintiff and the Defendant are both citizens of the United States. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling, 9. Defendant is a member of the Reserve division of the Armed Forces of the United States. currently not active duty. COUNT I COMPLAINT UNDER SECTION 3301(c) OR 3301(D) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. The Plaintiff avers that the marriage is irretrievably broken. 12. Plaintiff and Defendant have been separated since June 2004, COUNT II COMPLAINT IN INDIGNITIES 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse. as to render her condition intolerable and life burdensome. COUNT III REQUEST FOR EQillTABLE DISTRIBUTION 15. Paragraphs 1 through 14 are incorporated herein by reference. 16. Plaintiff requests the Court to equitably divide, distribute or assign the marital property and debts between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant facts, COUNT IV REQUEST FOR COUNSEL FEES, SUPPORT, ALIMONY PENDENTE LITE AND PERMANENT ALIMONY 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. Plaintiff has employed Brett P. Zankel, Esquire, to represent her in this matrimonial cause, 19. Plaintiff is unable to pay her living expenses, child care and counsel fees, costs and expenses and Defendant is more than able to pay them. 20. Defendant is employed and has the ability to pay Plaintiff's living expenses, child care and counsel fees, costs and expenses, 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing. the Court order Defendant to pay Plaintiff's reasonable counsel fees. costs and expenses. 22, Plaintiff is in need of Spousal Support and Child Support. 23. Plaintiff is eligible and in need of Alimony Pendente Lite. 24, Plaintiff is in need of Permanent Alimony. 25. Defendant is employed and able and has a legal obligation to pay Plaintiff s Spousal Support, Alimony Pendente Lite, Child Support, and Permanent Alimony. WHEREFORE, Plaintiff prays your Honorable Court to: Enter a decree in divorce upon one of the alternative grounds for divorce set forth herein; Enter an order of equitable distribution of marital property. Enter an order irecting, Defendant to pay Plaintiffs reasonable cousel fees. costs and expenses, Spousal Support, Alimony Pendente Lite, Child Support and Permanent Alimony pursuant to ~~301(a)(1), 401(b) and 502 of the Divorce Code. Grant such further relief as the Court may deem equitable and just. Date: E( 1/16 S/ By: J , BRETT P ZANKEL, Es Attorney for the Plai ff 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that faIse statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. By: ~~ : (''X V~ /C...- AM EEN SA VIDGE ~ Date: \0- 2\ - 05 ~~ ~, i\l.-, Q.; ~ t ~2' . ,'f' V-, ~ '" \A '0 CS~~ "t\ \ ~ 'Q ,~~ , ' . '" . ~ / . ~ ~V\ ~ ~, t\.~ GV ~ t( '- "'- ---J \)(\ ~ ~ ~. \ ..~, ... ( . -- \ " ~j ~::J I': 11; AMY COLLEEN SA VIDGE, PLAINTIFF V. JOHN HUNTER SAVIDGE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-5550 -CIVIL CIVIL ACTION - DIVORCE RETURN OF SERVICE The undersigned, a sui juris individual, hereby certifies that he served both the Complaint of Divorce on John Hunter Savidge. pursuant to Pa. R.C.P. 404(2) on the 31" day of October. 2005, by placing the same in the United States mail, certified. restricted delivery. postage prepaid. Service was effected on November 1", 2005, pursuant to Pa. RC.P, 405(c), the signed United States Postal Service form PS 3811 is herewith attached as proof of mailing and service. I h:!!~ 0000 d >< Q ,.; " ~ il 16 a; .- o..~ :i g~"gE 0'-:; >-Q) g~ i5Ss , <.!alJJi'5~ ..;~!!u\li "0 2: '0 Cl) .Q Q, li'ol-gS., " '0 E.c u ~i~aSg. jj ~itl~h:: i - .. lP"~ ~ il :; iJ:S (J) "0 I: ~lU.ci) :i 15qsa5 ~ o.~il::ll<~ i . .. . ..: ffi "g ~ ~ .. l" I!lI m ~ ~ " ~ ~ ru l'! :r o ru .Q ,<Ii :S~ .2!::::: li >i .~ :; a: = l,~ q ~ -'I ,]j ~ 3 ~ 8 000 (il ::r ~ J _ "r'l 8. ! i ~ ~ g) ~~ 1O!! i 0 ;'fJ ~ i 'il'" tJ '" I '~oa;~ i ~ .ar <ll1ll00 a: r'l ~ ~ ,....::w 0: , E , 8 ~ u ~ ~ g ,; ~ - Ql 0 ~.~ ~ 1Jl}<( - c.. & 6 - rj)lJ j ~ ~~ :t idJ oeD '"'7- i ~ ; !; :ll ~ ~: I ::... ~ ~ ,.t~ ~ .;,. .,.: .0 '.'~ ....- S ' c:o Z,C? ~:l< E ~,~; If { '" '" Q. RETT P ZANKEL. EsQUl ArrORNEY FOR THE PL T 321 CLARKS V ALLEY ROA PO Box 266 DAUPHIN, PA 17018 (717) 921-2192 '2). ~.., ~? ~ <f' ~; ':;:-~ \ s:- q, ~:Q 0\~ :?1t? (2\9 _:.-(~ -;J )-.-" c'-"'rf. .c~\ ~ :.<:. .-c .~,.:. - f":? (...) s:- AMY COLLEEN SA VIDGE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2005-5550 -CIVIL JOHN HUNTER SA VIDGE, DEFENDANT CIVIL ACTION - Dn'ORCE WITHDRAWAL OF ApPEARANCE To the Cumberland County Prothonotary: Plaintiff's attorney Brett P. Zankel praecipes the Cumberland County Prothonotary to withdraw his appearance as council for the Plaintiff in the above-captioned case Amy Colleen Savidge. Plaintiff has requested this withdrawal of appearance. Lj r~,) :< f...) AMY COLLEEN SAVIDGE Plaintiff : IN THE COURT OF COMMON PLE S : CUMBERLAND CO TV, PENNSYLVANIA VS : CIVIL ACTION - DIV RCE JOHN HUNTER SA VlDGE Defendant : NO. 2005-5550 CIVIL AFFIDA VlT OF CONSENT L A complaint in divorce under g 3301(c) of the Divorce Code as filed on October 26, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed form the date of filing and service of Complaint. 3. I consent to the entry of a final decree of divorce after service f notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correc . I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 49 4 relating to unsworn falsification to authorities. DATE 5 /J.~/06. f I 0 '"" 0 = c c= -n CO' ....oL :z =? n'Oj r: :;,.:'~ me. ~".'" -< ::-"-;' ~ -\'} " / W :60 ,'.n ~. (~) -< "'.-'. 0 .-' , ~.,~~ ::f1 '. "'" -"~~, , ::J:: \~o )>' C C5,n c:: CR 7:- ~ :;! -' '< - AMY COLLEEN SAVIDGE Plaintiff : IN THE COURT OF C MMON PLEAS : CUMBERLAND CO TY, PENNSYLVANIA : CIVIL ACTION - DIV VS JOHN HUNTER SAVIDGE Defendant : NO. 2005-5550 CIVIL WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY F DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without noti e. 2, I understand that I may lose rights concerning alimony, divisi of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until the Court enters a divorce decree and that a copy of the decree will be sent to me immediately after it is filed ith the Prothonotary. I verify that the statements made in this affidavit are true and eorree . I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 49 4 relating to unsworn falsification to authorities. DATE~ 0 ,...., 0 ~ c-~ (.:::::) -r1 or' ~~ -4 "'0' -i"'" ::r: n-~r :':'" rnpl -? ; -< W -otr! ~P'i) ,.)/-, ".. :i~=f{ ::;:;: (,5 9? 6rn "-l ?P co '< AMY COLLEEN SAVIDGE Plaintiff : IN THE COURT OF C MMON PLEAS : CUMBERLAND CO TY, PENNSYLVANIA VS : CIVIL ACTION - DlV JOHN HUNTER SAVIDGE Defendant : NO. 2005-5550 CIVIL AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code as filed on October 26, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed form the date of filing and service of Complaint 3. I consent to the entry of a final decree of divorce after service f notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correc . I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 49 4 relating to unsworu falsification to authorities. DATE 5/zG~G , . John r...:> = 0 = 0' .." ::Jl: :::I > fi;:o -< r (.) -om CD? ~~O :>:>> ;c:n % <..:J--' ~~ ," ;,~: <?? d -~ =;1 ~ , -.l AMY COLLEEN SAVIDGE Plaintiff : IN THE COURT OF C MMON PLEAS : CUMBERLAND COU TY, PENNSYLVANIA VS : CIVIL ACTION - DIV RCE JOHN HUNTER SAVIDGE Defendant : NO. 2005-5550 CIVIL WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORC CODE 1. I consent to the entry of a final decree in divorce without noti e. 2. I understand that I may lose rights conceming alimony, divisi n of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until the Court enters divorce decree and that a copy of the decree will be sent to me immediately after it is filed ith the Prothonotary. I verify that the statements made in this affidavit are true and corre t. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4 04 relating to unsworn falsification to authorities. ~ I / DATE S' /2 Z (00 ~. Savidge 0 "" ~ = ,.- c;::;..' "- -:~~ <fo ~t) i:i -..... :;:l ..." r"f;, po -,-,-n , -": rt1e "" -om '}.}. - en,=? c'~,' ()\O v~ c"""; -j;; . ~ ",~-f1 . ~~(') ,";'" C j; c. Cf? CP' ~ -\ - 5:i ....l :.< AMY COLLEEN SAVIDGE PLEAS Plaintiff PENNSYL VANIA VS : IN THE COURT F COMMON : CUMBERLAND OUNTY, : CIVIL ACTION - DIVORCE JOHN HUNTER SAVIDGE Defendant : NO. 2005-5550 C VIL Affidavit I John H. Savidge verify that I received a copy of the divorce c mplaint in October of 2005. I have been advised of my right to notice and am pre red to proceed. Sh2k Date -f (") E ::Tlij [j:jj -",.-. ..~~ '''. i~(~ .:~:, ~~ =2 ....... = = 0"> :x :'D'" --< o -n ~ rn::!J r -am ::.'10 ~~2:1 .--;- -r, ~"7"'n ~~~ Oi"n -l ~ '< c..:> :!':: -'" '? Cf> SEPARATION AND PROPERTY SETTLEMENT THIS AGREEMENT, is made this ~~Of by and between JOHN SAVIDGE, now of Camp Hill, Pennsylvania, hereinafter referred to as 05"-5550 GREEMENT -AND- , 2006, County, AMY SAVIDGE, now of Camp Hill, Cumberland County Pennsylvania, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully mar ied on January 9, in 1993, Cumberland County, Pennsylvania; and WHEREAS, the parties have three children, na ely, EMILY SAVIDGE, CAROLYN SAVIDGE, BENJAMIN SAVIDGE, and; WHEREAS, certain differences have arisen bet a result of which they have separated and now liv from one another, and are desirous, therefore, of Agreement which is considered to be an equal divi property and will provide for their mutual respon rights growing out of the marriage. NOW, THEREFORE, in consideration of premises promises, covenants and undertakings hereinafter other good and valuable consideration, the receip acknowledged by each of the parties hereto, Husba intending to be legally bound hereby, covenant an een the parties as separate and apart entering into an ion of all joint ibilities and and of the et forth, and of of which is hereby d and Wife, each agree as follows: 1. SEPARATION It shall be lawful for each party at all ti ed hereafter to live separate and apart from the other party at uch place as he or she may from time to time choose or deem fi The foregoing provisions shall not be taken as an admissi n on the part of either party of the lawfulness or unlawfuln ss of the causes leading to their living apart. Each party hall be free from interference, authority and contact by the ther, as fully as if he or she were single and unmarried except s may be necessary to carry out the provisions of this agreeme t. Neither party shall molest the other or attempt to endeav r to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, not in any ay interfere with the peaceful existence, separate and apart rom the other. 2. SUBSEQUENT DIVORCE The parties hereto acknowledge that the wif filed a Complaint in Divorce on October 26, 2005 in Cumberlan County, Pennsylvania claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301 (c) of Pennsylvania Divorce Code. Husband and Wife hereby express their agreement that the marriage is irretri vably broken and each express their intent, contemporaneously herewith, to execute any and all affidavits, waivers or 0 her documents necessary for the parties to obtain an absol te divorce pursuant to Section 3301 (c) of the Divorce Code. Th parties hereby waive all rights to request Court-ordered co nseling under the Divorce Code. Neither party to such action hall seek alimony or support contrary to the provisions of thi Agreement. It is further specifically understood and agreed b the parties that the provision of this Agreement relating to quitable distribution of property of the parties are ccepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Cod Should a decree, judgment, order of separat'on or divorce be obtained by either of the parties in thi or any other state, country or juriSdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be effected in any way y any such separation or further modification or revis on thereof shall alter, amend or vary any term of this Agree ent, whether or not either or both of the parties shall rem rry, it being understood by and between the parties heret that this Agreement shall survive and shall not be me ged into any decree, judgment, order of separation or di It is specifically agreed, however, that a copy 0 this Agreement or the substance of the provision thereof, incorporated into any divorce, judgment or This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties 0 permit this Agreement to survive any judgment or decree nd to be forever binding and conclusive upon the part'es. 3. EFFECTIVE DATE The effective date of this Agreement shall b the ~date of execution" or ~execution date", defined as t e date upon which it is executed by the parties if they have e ch executed the Agreement on the same date. Otherwise the ~ ate of execution" or ~execution date" of this Agreement shall e defined as the date of execution by the party last executin this agreement. 4. DEBTS AND OBLIGATIONS Husband represents and warrants to Wife tha since the separation he has not, and in the future wi 1 not, contract or incur any debt or liability for which Wife r her estate might be responsible, and he shall indemnify and ave Wife harmless from any and all claims or demands made aga'nst her by reason of such debts or obligations incurred by him s nce the date of separation, except as otherwise set forth h rein. Wife represents and warrants to Husband tha since the separation she has not, and in the future w 11 not, contract or incur any debt or liability for which Hu band or his estate might be responsible, and he shall i and save Wife harmless from any and all claims or de ands made against her by reason of such debts or obli ations incurred by him since the date of separation, except as otherwise set forth herein. 5. MUTUAL RELEASES Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreeme t does for himself or herself, and his or her heirs, legal repr sentatives, executors, administrators and assigns, relea e and discharge the other of and from all causes of action, clai s, rights or demands whatsoever in law or equity, which ether of the parties ever had or now has against the other, excep any and all cause or causes of action for breach of any provis'ons of this Agreement. Further, each party does hereby remise, reI ase, quit, claim and forever discharge the other and the est te of the other from any and every claim that each other ma now have, or hereafter have or can have at any time, aga'nst the other, or in and to or against to other's estate, r any part thereof, whether arising out of any former ontracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's ri hts, or under the interstate laws, or the right to take a ainst each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accrui g under this Agreement. 6. DIVISION OF HOUSHOLD AND PERSONAL PROPERTY The parties hereto mutually agree that they ave effected a satisfactory division of the furniture, hous hold furnishings, appliances and other household personal prop rty between them. The parties mutually agree that Wife shall, rom and after the date hereof, be the sole and separate owner f all such tangible personal property in her possession and that Husband hereby releases and relinquishes any right, title 0 interest he may have had in the past or now has in the afore aid tangible personal property in Wife's possession. The parties further agree that Husband shall, from and after the date hereof, be the sole and separate owner of all the tangible ersonal property presently in his possession, including the i ems of property in the marital residence, and that Wife hereby eleases and relinquishes any right, title or interest th t she may have had in the past or now has in the aforesaid tang'ble personal property in the Husband's possession. 7. SUPPORT OF SPOUSE In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, inter st, claims or demands whatsoever nature which he or she n w has or hereafter can, shall or may have against the other or the respective separate property of the other under the la s of the Commonwealth of Pennsylvania or any other g verning state, country, territory or jurisdiction in the ture of spousal support, separate maintenance or support, a imony, either pendente lite, temporary, rehabilitative, p rmanent or lump sum and right to seek equitable or community di tribution or division or assignment of property or simil r marital rights. 8. CHILD SUPPORT In lieu of child support, Husband agrees to ay a sum of $900.00 to Wife. 9. REAL ESTATE Husband and Wife hereby acknowledge that the are the joint owners of a residence situate at 18 Columbia Drive, Camp Hill, Cumberland County, Pennsylvania. Wife hereb agrees to execute, contemporaneously herewith, a deed in order 0 transfer to Husband her interest in and to the aforesaid real estate. Husband shall continue to assume as his sole obligation all of the expenses incident to the us of the Colum ia Drive property, including, without limitation, any and rtgage payments, liens, taxes, liability and fire insurance, tilities, sewer, water, refuse collection, assessments, prope maintenance, repairs, additions and improvements, and he further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. lO.VEHICLES Wife shall retain possession and ownership f the 2000 VW Passat, which is presently in her possessio Wife shall assume as her sole obligation all payments due on aid vehicle to ~inancial Institution and Husband agrees to transfer his interest to Wife at such time as the loan i paid in full or earlier, if permitted, by the financial ins itution. The foregoing notwithstanding, Wife shall remov Husband's name from the 2000 VW Passat obligation on or before ecember 2005. Husband shall retain possession and ownersh'p of the 2005 Subaru Baja which is presently in his possession, ree and clear of any claim, right, title or interest in said vehicle on the part of Wife. Wife agrees to transfer her interest 0 Husband at such time of signing of this agreement. ll.STOCKS Wife shall receive all proceeds from the sal of Disney stock and will be responsible for any tax conseque ces. l2.SEPARATE ASSETS The parties herby agree that, as to all asse s not specifically mentioned herein which are presently titled n the sole name of one of the parties hereto, or untitled, are resently in the sole possession of one or more of the partie hereto, the party not having title thereto or possession there f hereby waives, releases, relinquishes and forever abandons and all claims therein, and acknowledges that the g title or possession of such items shall be the sole an exclusive owner thereof. 13.RETIREMENT AND PENSION PLANS Each of the parties shall retain as their s Ie and exclusive property any and all pension, retirement or 401(k) plans presently titled in their respective names ree and clear of any claim, right, title or interest on the part of the other. l4.TRANSFERS SUBJECT TO EXISTING LIENS Notwithstanding any other provisions in thi property transferred hereunder is subject t set forth above. The respective transferee agrees to indemnify and save harmless the 0 claim or liability that such other party ma required to pay on account of such lien or document all the existing liens of such property her party from any suffer or may be ncumbrance. lS.EQUITABLE DISTRIBUTION By this Agreement the parties have intended 0 effect an equitable division of their jointly owned pr perty. The parties have determined that an equitable division 0 such property conforms to a just and right standard, with ue regard to the rights of each party. The division of exist ng marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is bing affected without the introduction of outside funds or other property not constituting a part of the marital estate. t is the intention of the parties to treat all transfers herein as non-taxable. 16.COUNSEL FEES, COSTS AND EXPENSES Each of the parties hereto shall be responsi Ie for the payment of their own counsel fees, costs and expenses incident to the pending divorce and the within Agreement. 17.ADVICE OF COUNSEL It is acknowledged that Husband has had the benefit of the legal counsel of Gail Guida Souders, Esquire in t e formulation and execution of this Agreement. Wife has been advised to consult an attorney and has chosen to proceed witho t counsel. IS.DEBTS OF PARTIES Each of the parties shall indemnify and sav the other harmless from any and all claims or demands made by eason of such debts or obligations. a. Husband shall be solely responsible fo any and all liabilities in his name alone, specifical y to include for and all liabilities in his name alone, sp cifically to include any and all loans and obligations to issuers of credit cards in his name alone. b. Unless otherwise provided herein, ea h party hereby assumes the debts, encumbrances, taxes an liens on all property each will hold subsequent to the effective date of this Agreement. Each party agrees to ind mnify and hold harmless the other party and his or her p operty from any claim or liability that the other party w'll suffer or may be required to pay because of the debt, encu brances or liens assumed by the other pursuant to this Agr ement. 19.ADDITIONAL INSTRUMENTS Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver 0 the other party any and all further instruments or documents that may be reasonably required to give full force and e fect to the provisions of this Agreement. 20.VOLUNTARY EXECUTION Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclos re to the other of all assets of any nature whatsoever in whic such parties have any interest, the sources and the amount of the income of such party of every type whatsoever and of all t e facts relating to the subject matter of this Agreement. 21.WAIVER OF RIGHTS The parties hereto have been informed of th ir rights or have been advised to seek counsel to inform them of their rights under the Divorce Code, particularly the pr visions for alimony, alimony pendente lite, equitable distributi n of marital property, counsel fees or expenses. agree that this Agreement and shall conclusively provi the distribution of property under the law and reby waive, release and relinquish any further rights they may r spectively have against the other for alimony, alimony pende te lite, equitable distribution or marital property, counsel fe s or expenses. Each party may acquire either personal or re I property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any c aim whatsoever by the other party. 22.MODIFICATION AND WAIVER A modification or waiver of any of the Provi ions of this Agreement shall be effected only if made in riting and executed with the same formality as this Agreement. he failure of either party to insist upon the strict perfo mance of any of the provisions of this Agreement shall not be co strued as a waiver of any subsequent default of the same or similar nature. 23.ENTIRE AGREEMENT This Agreement contains the entire understa ding of the parties, and there are no representations, warrantie , covenants or undertakings other than those expressly set forth. 24.DESCRIPTIVE HEADINGS The descriptive headings used herein are fo They shall have no effect whatsoever in det or obligations of the parties. convenience only. rmining the rights 25. INDEPENDENT SEPARATE COVENJWTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereto s all be deemed to be a separate and independent agreement. 2 6 . BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or er election, to sue for damages for such breach or to seek such ther remedies or relief as may be available to him the party breaching this Agreement shall be responsible for paym nt of legal fees and costs incurred by the other on enforcing his or her rights under this Agreement or in seeking such othe remedies or relief as may be available to him or her. 27.APPLICABLE LAW This Agreement shall be construed under the aws of the Commonwealth of Pennsylvania. 28. VOID CLAUSES If any item, condition, clause or provision of this Agreement shall be determined or declared to be void r invalid in law or otherwise, then only that term, condition, lause or provision shall be stricken form this Agreement and i all other respects this Agreement shall be valid and continue n full force, effect and operation. 29.AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shal inure to the benefit of the parties hereto and their res ective heirs, executors, administrators, successors and a signs. 3D.FINANCIAL DISCLOSURE The parties confirm that each have relied on the substantial accuracy of the financial disclosure of the ther as an inducement to the execution of this Agreemen ~ ~ -5t? Witn ss ~f!:!s U~ en;- IN WITNESS WHEREOF, the parties hereto the dates of their acknowledgments. STATE OF PENNSYLVANIA COUNTY OF CUMBl:;HLAlcw , . SS. On /71/1 II /3 , 2006, before me, the personally appeared JOHN SAVIDGE, known to me or proven to be the persons whose names subscribed Agreement, and acknowledged that he executed the purposes therein contai ed. STATE OF PENNSYLVANIA COUNTY OF ,ClJMaERUV~u ndersigned officer, satisfactorily o the within same for the SS. ,..~ NOTARI L SEAL I4CHAEL R, CAR CI. Notary Public Lemoyne BolO. umberland County" My - p......" '"" On /77/7 V /3 ,2006, before me, the personally appeared AMY SAVIDGE, known to me or to be the persons whose names subscribed to the acknowledged that she executed the same for the contained. ndersigned officer, atisfactorily proven ithin Agreement, and urposes therein N N ARIAL SEAL MICHAEL R. CARANCI. Notary Public Lemoyne o. Cumber1and County My Comm' on Expires June 15. 2006 -".~---~.,,-_.._-""" .....,." c., (--) c- "" ~ 2...::.> <f' -:: -;>-,," - - -'. ~ ::t n'~ ~cC:q :~~'~: ~}f~ C~ ~~ :::it w "}'.-"'" -- . '2 -J AMY COLLEEN SAVIDGE Plaintiff VS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA JOHN HUNTER SA VIDGE Defendant : CIVIL ACTION - DIVORCE : NO. 2005-5550 CIVIL PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section (X) 3301 c 0 3301 d of the Divorce Code (Check applicable code) 2. Date and manner of service of the complaint: October 26,2005 by U.S. Mail. 3. (Complete either paragraph (A) or (B).) (A) Date of execution of the affidavit of consent required by Section 3301 (c) of the divorce code: Plaintiff-May 23,2006 Defendant-May 22,2006. (B) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent filed: Defendant was served during October of2005. See attached affidavit. Related claims pending: settled by written agreement signed on: May 13,2006 4. (Complete either (A) or (B).) (A) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (B) (1) Date plaintiff's Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary: May 23, 2006 (2) Date defendant's Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary: May 22, 2006 A:::: ~iff (Xl Defendant o ~;;. "'" = t::::) <::.t--- o 11 ::? mp? :::-28 -, ! '~_.~ c) I (...11 -0 -~.. -;: --;.'! : ~~ (~? i") n \ ':=.j -,~> II =-< o w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. AMY COLLnN SA VIDGi: No. 2005-5550 CIVIL VERSUS JOHN HUNT:iR SAVIDGi: . DECREE IN DIVORCE . . \HNU_ ~ , IT IS ORDERED AND 2006 AND NOW, DECREED THAT Amy Colleen SaTigge . PLAINTIFF. AND John Hunter SaTidge , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . PROTHONOTARY . J. . ~ ~ ~ ~ ~~ ~c?1/-t? ~.f ~~',Pf/ ?c? '9/.,/ , '- . '. _ 'l:','l:. . .' ~ ... . ~.,' '. " . " ""'Y- ~ , . .